The King's Counsel representing a senior police officer found guilty of pursuing an unauthorised investigation by the Police Tribunal has opposed any penalty imposed on his client until a copy of the decision is made available. 

Kings Counsel (KC) Phillip Morgan represents suspended Inspector Lio Faataumalama Auava. 

Lio denied five disciplinary charges arising from an unauthorised investigation as per instructions from a Cabinet Minister into an unsolved hit and run case in 2021. 

Another suspended police corporal, Henifa Bryce was also charged with two counts related to that investigation. 

The Tribunal chaired by Deputy Police Commissioner, Leiataua Samuelu Afamasaga and two other members found Lio guilty of three charges and not guilty of two other counts on Friday. Other members of the panel were Superintendent Faagoto Patu and independent member and lawyer, Tualamaalii Wendy Pogi. 

Ms. Bryce was found guilty of one charge and not guilty of the second charge. 

The decision from the Tribunal was referred to Deputy Police Commissioner, Lafaitele Herbert Aati to hand down a penalty for the officers on Monday this week. 

That sentence was vacated and has been deferred to Friday 31 May 2024. 

However, KC Morgan has written to the Police Commissioner this week concerning the latest step from the Tribunal to impose a penalty on Lio following the determination of the matter. 

“On behalf of my client, I do not accept that any penalty decision can occur, whether any decision is made or delivered, until my client has seen, considered and if necessary, taken legal advice upon the disciplinary tribunal’s decision,” the letter stated. 

“In any event, he has a right to make submissions pursuant to Regulation 37 of the Police Service Regulation. Please provide both myself and my client with the Tribunal’s decision forthwith.” 

According to part 37 of the Police Service Regulation, it states a member who pleads guilty to a charge, or who is found guilty of a charge shall be given an opportunity to make a plea by way of explanation and mitigation.

Police Commissioner, Auapaau Logoitino Filipo was one of several witnesses in the hearing. 

Asked for a comment Auapaau referred all questions to the Chairman of the Tribunal noting he delegated his powers to the Deputy Commissioner in handling the Tribunal matter due to his involvement. 

It was not possible to obtain a comment from Deputy Commissioner Leiataua by press time.